07-09-2002 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, July 9, 2002 — 6:00 P.M.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
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Council Present: Councilman Joel Scott,Councilwoman Reta Allen,Councilman Eric Hogue,Councilman Merrill
Young, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy was absent. Mayor Pro Tern
Worley presided.
Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,
Finance Director, Claude Thompson, Planning Director, Mignon Morse, Library Director and Barbara Salinas,
City Secretary.
Mr.Paul Casteel provided the Invocation and Councilman Hogue was asked to lead the Pledge of Allegiance.
None.
A. Approval of the Minutes from the Regular Meeting of June 25,2002.
B. Consider and act upon a Final Plat for the Wooded Creek Estates,Phase I Addition,being all of a
certain 20.171 acre tract of land generally located north of Lakeside Drive and the Lakeside Estates
II Addition and east of Springwell Parkway and the Sage Creek V,VI, and VII Additions, being
part of that tract of land described in a deed to Wooded Creek Estates,Ltd. as recorded in Volume
5090,Page 1590, Deed Records of Collin County, Texas, and being situated in the Moses Sparks
Survey,Abstract No.849,City of Wylie,Collin County,Texas.
C. Consider and act upon a Final Plat for the Sage Creek Phase VII Addition, being all of a certain
29.3347 acre tract of land generally located east of Springwell Parkway and north of Sage Creek
Phase VI and south of Phase IV, being part of that tract of land described in a deed to Ashton
Custer,L.L.C.,as recorded in County Clerk's File No.98-0008878,Deed Records of Collin County,
Texas and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin
County,Texas.
D. Consider and act upon a Final Plat for the Bachon Townhomes Addition, being all of a certain
14.015 acre tract of land generally located south of Fleming Street,west of Cottonbelt Avenue and
immediately west of Rustic Oaks,Section 1,Phase 4,being part of that tract of land described in a
deed to Bachon Investments, L.P., as recorded in County Clerk's File No. 01-0129647, Deed
Records of Collin County, Texas and being situated in the S.B. Shelby Survey, Abstract No. 820,
City of Wylie,Collin County,Texas.
E. Consider and act upon a Final Plat for the Birmingham Farms Phase 5 Addition, being all of a
certain 5.259 acre tract of land east of Country Club Road (F.M. 1378) and north of Park
Boulevard, being part of that tract of land described in a deed to Birmingham Land LTD., as
recorded in County Clerk's File No. 94-00296;5, Deed Records of Collin County, Texas and
situated in the C. McUlmurry Survey, Abstract No. 629, and the C. Atterberry Survey, Abstract
No.22,City of Wylie,Collin County,Texas.
Minutes of July 9,2002
Wylie City Council
Page 1
F. Consider and act upon a Final Plat for the Birmingham Farms Phase 6 Addition, being all of a
certain 14.235 acre tract of land east of Country Club Road (F.M. 1378) and south of Park
Boulevard, being part of that tract of land described
in a deed to
irmingh lin Cm Land
LTD.,exas as
recorded in County Clerk's File No. 94-0029675, Deed Records o
d
situated in the C.Atterberry Survey,Abstract No.22,City of Wylie,Collin County,Texas.
ng all of a
G. Consider and act upon a Final Plat for
Broom Street(F.Mam .3412) and east of Countrys Phase 7 Addition, iC u Road
certain 11.845 acre tract of land north o
(F.M. 1378), being part of that tract of land described in a deed to Birmingham Land LTD., as
recorded in County Clerk's File No. 94-0029675, Deed Records of Collin County,
Texas and
situated in the C.Atterberry Survey,Abstract No.22,City of Wylie,Collin County,Texas.
H. Consider and act upon a Final Plat for the Birmingham Farms Phase 8 Addition, being all of a
certain 5.458 acre tract of land north of Brown Street (F.M. 3412) and west of Sanden Boulevard,
being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in
County Clerk's Fy,AbstractNo.675,Deed 22 and heRecords of Coln Conty,D.Williams Sn ey,lAbstract Texas
o. 021 and ,1
ated in the C.
Atterberry Survey, City of Wylie,
Coffin County,Texas.
L Consider and act upon a Final Plat for the Birmingham Farms Phase 9 Addition, being all of a
certain 11.567 acre tract of land north of Brown Street(F.M. 3412) and east of Sanden Boulevard,
being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in
County Clerk's File No. 94-0029675,Deed Records of Collin County, Texas and situated in the C.
Atterberry Survey,Abstract No. 22,and the D.Williams Survey,Abstract No. 1021,City of Wylie,
Collin County,Texas.
J. Consider and act upon a Final Plat for the Birmingham Farms Phase 10 Addition, being all of a
certain 13.551 acre tract of land north of Brown Street(F.M. 3412) and east of Sanden Boulevard,
being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in
County Clerk's File No. 94-0029675,Deed Records of Collin County, Texas and situated in the D.
Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas.
K. Consider and act upon a Final Plat for the Birmingham Farms Phase 11 Addition, being all of a
certain 18.393 acre tract of land north of Brown Street (F.M. 3412) and west of Westgate Way,
being part of that tract of land described in a deed to Birmingham Land LTD., as recorded in
County Clerk's File No. 94-0029675,Deed Records of Collin County,Texas and situated in the D.
Williams Survey,Abstract No. 1021,City of Wylie,Collin County,Texas.
L. Consider and act upon a Final Plat for the Birmingham Farms Phase 12 Addition, being all of a
certain 3.126 acre tract of land north of Brown Street(F.M.3412)and east of Westgate Way,being
part of that tract of land described in a deed to Birmingham Land LTD., as recorded in County
Clerk's File No.94-0029675,Deed Records of Collin County,Texas and situated in the D.Williams
Survey,Abstract No. 1021,City of Wylie,Collin County,Texas.
Councilman Young expressed concerns regarding the wording used in the Agenda Communication with regard to
the reference to the number of apartments/dwellings. He asked that the reference to the number, specifically
"120
ove
Consent Ant genda Items A-L. Councilnot be used. man Young secondth no further edethe,motion. A Councilman
f Trout
was taken and the motionrw s
Co g
approved,6-0. Mayor Mondy was absent.
Minutes of Ju y 9,2002
Wylie City Council
Page 2
1. Hold the second of two Public Hearings for the annexation of 52.291 acres out of the Duke Strickland
Survey, Abstract 841.:and the L Clifton Survey, Abstract No. 193, Collin County, Texas, generally
located at the southwest corner of FM 544 and Sanden Blvd.
Ms. Mindy Manson, Assistant City Manager addressed this item, providing a brief background on the
annexation request and explained the procedures followed in accordance with state law. She stated that
this is the second of two required public hearings, the first being held on July 8th, 2002. She explained
that in 1995, the City of Wylie annexed a large area of land, generally located along F.M. 544 in the
western portion of the City and that due to a error in a legal description, 52.3 acres bounded by Muddy
Creek on the west, F.M. 544 on the north and Sanden on the east was never officially annexed into the
City as earlier believed. She stated that should the City Council approve the proposed annexation, the
property will be zoned as BC (Business Center).
The Mayor Pro Tem then opened the Public Hearing and asked that anyone wishing to speak either in
favor or opposition of the annexation request, please come forward, state their name and address for the
record and limit their comments to three minutes. With no response,the Mayor Pro Tem then closed the
Public Hearing.
2. Consider and act upon an Ordinance annexing all of a certain 1.5 acre tract out of the Francisco de la
Pina Survey,Collin County,Texas; generally located west of Eubanks Street,north of Hwy 78.
Ms. Mindy Manson, Assistant City Manager addressed this item, providing a brief background on the
annexation request and explained the procedures followed in accordance with state law. She stated that
two Public Hearings were conducted at the June 10 and June 11 Council meetings and should the City
Council approve the proposed annexation, the property will be temporarily zoned as A (Agricultural)
until permanent zoning is established.
Councilman Scott made a motion to approve the Ordinance annexing all of a certain 1.5 acre tract out of the
Francisco de la Pina Survey, Collin County, Texas; generally located west of Eubanks Street, north of Hwy 78.
Councilman Hogue seconded the motion. A vote was taken and the motion was approved,6-0.
3. Consider and act upon an Ordinance annexing all of a certain 34.036 acre tract out of the A.Atterberry
Survey,Collin County,Texas; and generally located west of F.M.544.
Ms. Mindy Manson, Assistant City Manager addressed this item, providing a brief background on the
voluntary request for annexation and explained the procedures followed in accordance with state law.
She stated that the request for voluntary annexation had been submitted by the owner of the above
referenced property, William C. Collins, Jr. Two Public Hearings were conducted at the June 10 and
June 11 Council meetings and should the City Council approve the proposed annexation, the property
will be temporarily zoned as A(Agricultural)until permanent zoning is established.
Councilman Hogue made a motion to approve the Ordinance annexing all of a certain 34.036 acre tract out of
the A. Atterberry Survey, Collin County, Texas; and generally located west of F.M. 544. Councilman Trout
seconded the motion. A vote was taken and the motion was approved,6-0. Mayor Mondy absent.
4. Consider and act upon approval of the revised Rita and Truett Smith Public Library's Internet Use
Policy to meet CIPA (Children's Internet Protection Act) requirements. These changes are necessary
for the Library to continue to receive ERATE funding.
Minutes of July 9,2002
Wylie City Council
Page 3
Ms. Mignon Morse, Library Director was present to address this item providing Council with a brief background
on the intent of the proposed Policy. She stated that the American Library Association (ALA) announced that a
Federal Court has ruled that CIPA(Children's Internet Protection Act)requirements for filtering in public libraries
are unconstitutional and that under CIPA, libraries that are covered must review their existing Acceptable Use
Policies to make sure that they conform to the Internet Safety Policy requirements of the Act. These sections have
been specifically assigned to local decision-making. The following items listed below are the issues that the
Library's Acceptable Use Policy must include to meet CIPA requirements with notations underneath each issue
that refer to the Library's policy: Access by minors to inappropriate matter on the Internet and World Wide Web;
The safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic
communications; Unauthorized access, including so-called "hacking," and other unlawful activities by minors
online; Unauthorized disclosure, use, and dissemination of personal information regarding minors; and Measures
designed to restrict minors'access to materials harmful to minors.
There was some discussion regarding current use and monitor of teriunals. It was clarified that this was a rewrite
of the existing policy in order to meet the guidelines for confirmed funding and that the concerns are focused on all
internet access in public view. Ms. Morse stated that the library currently provides four terminals, all facing the
circulation desk in clear view of the public. She also stated that everyone under the age of 18 must have parents
authorized signature in order to access the Internet.
Councilman Young made a motion to approve the revised Rita and Truett Smith Public Library's Internet Use
Policy to meet CIPA(Children's Internet Protection Act) requirements. Councilman Trout seconded the motion.
A vote was taken and the motion was approved,6-0. Mayor Mondy was absent.
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The City Secretary read the Ordinance Captions,2002-14 et,2002-15, as approved by the Council as required y
the Wylie City Charter,Article III, Section 13-D.
.........................................
With no further business,the meeting was then adjourned at 6:19 p.m.
ohn only,Mayor
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Barbara A Salinas,City Secretary
Minutes of July 9,2002
Wylie City Council
Page 4